First German National Citizens’ Assembly on DemoPart: the Rise of the “Alloted Citizen”

On September 28 in Leipzig, “Phase 2” of the first ever German citizens’ assembly “Bürgerrat Demokratie” concluded its second and last weekend of deliberation on whether and how to “complete or improve [ergänzen]” Germany’s representative democracy “with elements of direct democracy or citizen participation.” On November 15, a day dubbed “Tag für die Demokratie,” the 160 participants, together with 100s more from the “regional conferences” from Phase 1, will ceremoniously present their recommendations to the President of the Bundestag, Dr Wolfgang Schäuble. I was present in Leipzig on all four days of the assembly as observer along with a few researchers, journalists, and an evaluation team from Goethe University’s “Democracy Innovation” lab. A camera crew filmed the entire event, including the small group discussion at one of the tables. The documentary will be released sometime in 2020.

This was a civil society initiative prompted by the “Grand Coalition” [GroKo] agreement between the SPD and CDU/CSU. Article 13 (pg 136) of that agreement includes a promise to research (via an expert commission) the possibility that “our precious representative parliamentary democracy could be completed with elements of direct democracy or citizen participation.” Nearly two years later, that expert commission has still not even begun to materialize. Seizing the opportunity, a civil society initiative called Mehr Demokratie (more democracy) raised money and organized this even in “four phases” with the help of two institutes that run participatory fora for local and regional governments and organizations: Nexus and Ifok. Of high interest to “sortinistas” will be this brochure about “Losverfahren” (procedure by lot) also handed out to the participants last Saturday at the end of the assembly.
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Interview with Yves Sintomer, part 2 of 2: With sortition, the scale is immaterial

This is the second part of a translation of an interview with Yves Syntomer. The first part is here, the original in French is here.

Does the end of the 20th century mark the return of a desire to experiment with sortition?

We witnessed in the 1980’s and 1990’s an explosion of experiments applying sortition, a “first wave” where the reference to Athens was very significant. There are however big differences. We aim to obtain a representative sample of the population by allotment, where the Athenians did not have this mathematical notion and resorted to pure luck. The second big difference is that we wish to use sortition to create an Assembly which is going to debate in nearly ideal conditions, following the ideas of ­Jürgen ­Habermas, according to which a decision is not legitimate unless it is preceded by a well-formed discussion.

The third difference is that sortition is introduced at the margins of the political system and that the mini-publics so constituted are merely consultative. This first wave allowed to show that with discussions among ordinary citizens, non-specialists, once they have sufficient information and have the opportunities to examine things, where opportunity to speak has been equally apportioned, in a general assembly or in small groups, high-quality conversation is attained. It is impressive to see that the exchanges between ordinary citizens put to shame those that take place in parliaments.

We are now seeing the emergence of a second wave. Sortition is now invoked by social movements in France, including Nuit Debout and some among the Gilets Jaunes. Ireland has recently offered us a paradigmatic example of this second wave. We had two allotted assemblies (one in its entirety, the other in its majority) convened first to discuss marriage for all and then abortion and to propose constitutional reforms which were then submitted to the people who have ratified those propositions by referenda.

Iceland is another significant example. The country was in a bad state at the moment of the subprime crisis… Two citizen assemblies were allotted (one in its entirety, the other in its majority) in order to propose how to reconstruct the country. That was followed by an election of a constituante committee where professional politicians could not be members, a proposal of a new constitution, a validation of the proposal by a consultative referendum… It was finally buried by an obstruction by a majority in Parliament, which refused to adopt the text.

It may be objected that those are two small countries…

With sortition, the scale is immaterial: it may be used at the level of a city or a country in quite similar ways.
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A first article is published by BIRDS

Bard Institute for the Revival of Democracy through Sortition (BIRDS) was recently founded by Jonas Kunz and Hans Kern.

Kunz and Kern have now published a lengthy article in which they offer sortition as a tool for taking action on climate change:

Sortition: The Key to Globally Coordinated Climate Change Action?

Climate change by human industry (anthropogenic warming) has been known to scientists at the highest levels within the U.S. government, at least since 1979. That year, the ‘Charney Report’ — Carbon Dioxide and Climate: A Scientific Assessment — presented the research of nine atmospheric, meteorological and oceanographic scientists convened at Woods Hole Institute, to the National Research Council. The introduction to this report by Werner E. Suomi pronounces: “If carbon dioxide continues to increase, the study group finds no reason to doubt that climate changes will result and no reason to believe that these changes will be negligible. The conclusions of prior studies have been generally reaffirmed. …[“]

[Natheniel Rich writes in a New York Times article:] “in the decade that ran from 1979 to 1989, we had an excellent opportunity to solve the climate crisis. The world’s major powers came within several signatures of endorsing a binding, global framework to reduce carbon emissions.” To arrive at a clear understanding of what went wrong, we must first do away with the common misconception that big industry is and always has been the main culprit. In fact, as the article reveals, the oil industry was the first, to take due diligence measures, on the dangers of climate change and was preparing to adapt to policy changes. The policy changes, however, never came. Resistance did not come from the outside, it came from within the political structures themselves.

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On what the Council of 500 did and did not do

By Mirko Canevaro

[Editor’s note: this post is a response to comments on the post Athenian Constitutionalism: Nomothesia and the Graphe Nomon Me Epitedeion Theina and should be read together with the original article.]

There is a need to distinguish between decree-making and law-making (nomothesia). In decree-making, roughly 50% of fourth-century decrees found on stone are decrees of the Council (probouleumatic) ratified by the Assembly without discussion (unanimously). The other 50% were proposed directly in the Assembly, either because the Council enacted an ‘open probouleuma’ (invitation to discussion but with no actual proposal), or because the proposal of the Council had failed to be ratified in the Assembly.

I, for one, don’t see the Council as an ‘administrative magistracy’. Alberto Esu has a great chapter forthcoming showing just how important the Council was in ‘deliberating’, and how it actually had vast powers of decision on its own. And Ober, in Democracy and Knowledge, has made a powerful argument for the role of the Council in collecting and synthesising diffused knowledge through deliberation. (See also my piece on majority rule and consensus, about how many decrees were enacted by the Assembly without the debate, on the force of the deliberation that had been carried out in the Council, with the evidence for it. I argue that deliberation was possible and went on as a matter of course – the paper is controversial, but some have already agreed, e.g. Ober, Luraghi, Harris, even Hansen, and we don’t agree on much else… Let’s see how the debate proceeds.) It was not that central in nomothesia, but it was very central in decree-making, as a proper deliberative body.
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Thought Piece: Sharing Sortition With Some Soul

In a new essay, Sharing Sortition With Some Soul, Adam Cronkright and Simon Pek suggest we can make lot/sortition more accessible and appealing through savvy and emotive communication. Their goal to stimulate thought and debate, and also to start a practical conversation about framing and messaging to incorporate relevant insights from the well-developed art and science of persuasive communication into the Sortition Space.

Introduction

All of us in the Sortition Space, from the organizations in Democracy R&D to the regular readers of Equality by Lot, are passionate about sortition and hopeful that it can empower everyday people and deepen democracy. The last decade has seen exciting advances on this front: mini-publics are on the rise, as are related books and articles, and we are connecting and collaborating with each other more than ever. But although we have grown and moved in from the fringe, we are still quite small and sortition is still quite marginal. And this should surprise us, especially given how desperate our societies seem for anything that could right the sinking ship of traditional electoral politics.

Political crises ripple through our countries and trust in government tanks, yet almost 50 years after its resurrection few people have even heard of sortition. Demagogues rise a wave of democratic disenchantment, yet few people who have heard of it seriously consider sortition. And we promote our cause everywhere from dinner parties to democracy conferences, yet few of our listeners seem to care about sortition. Some are surprisingly skeptical (given such frustration with the status quo), while others seem to find our case convincing but not compelling. 
But sortition is important and inspiring, so where are we going wrong?

In this short essay, drawing on research on political communication, we suggest that the primary stumbling blocks are an affinity to language that doesn’t always fit our audiences, and a lack of skill and comfort with persuasion—especially in the realm of emotion. We argue that the latter is likely due to our deep predisposition toward rational and objective communication. As illustrative examples, we offer concrete ways to overcome these challenges, juxtaposed with typical sortition speech. And we conclude with an invitation for others to join us in developing a suite of recommendations to make our messaging about sortition more captivating and memorable.

View or download the full essay with the following link (note: if you get a popup window that asks you to sign in or create an account, just click the ‘x’ in the upper right corner or “No thanks, continue to view” at the bottom). Link: Sharing Sortition With Some Soul (PDF)

If there is interest, they will follow-up with a future post suggesting ways to organize a larger conversation/collaboration.

Post Image: Randomly-selected participants in a debate run by Missions Publiques (France) 
© Rebecca Cosquéric.

Fishkin: Random Assemblies for Lawmaking? Prospects and Limits

James Fishkin’s contribution to the September 2017 workshop “Legislature by Lot” was titled “Random Assemblies for Lawmaking? Prospects and Limits”:

Abstract
A randomly selected microcosm of the people can usefully play an official role in the lawmaking process. However, there are serious issues to be confronted if such a random sample were to take on the role of a full-scale, full-time second chamber. Some skeptical considerations are detailed. There are also advantages to short convenings of such a sample to take on some of the roles of a second chamber. This article provides a response to the skeptical considerations. Precedents from ancient Athens show how such short-term convenings of a deliberating microcosm can be positioned before, during, or after other elements of the lawmaking process. The article draws on experience from Deliberative Polling to show how this is both practical and productive for the lawmaking process.

Keywords
Athens, corruption, Deliberative Polling, elections, minipublics, nomothetai, representative democracy, sortition

In arguing for short term “Delibertive Polls”, Fishkin offers three problems with long-term allotted chambers: (1) lack of technical expertise, (2) potential for corruption, and (3) not maintaining what he calls “the conditions for deliberation”.
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Venice and Why Sortition is Not Enough

Without much commentary, given the high level of knowledge and debate on this blog, I share an important document about elections in Ancient Venice. As most here will know, I hold it that ‘pure’ sortition is a suitable and necessary tool for democracy. However, it is also an insufficient one, as has been criticised already at the time of sortition’s outset, with the powerful “Socratic Objection” as documented by Xenophon. Today, I describe the missing element specifically for appointments to positions of power.

As most here will know, the Ancient Venetians combined sortition with elections in multiple iterations to determine their leadership, the Doge. Their success with this add-on innovation was superior to the Athenians, as evidenced by the significantly longer duration of their system. Now, there clearly were flaws, room for improvement, as their system ended by reversal to today’s unfortunate party system but that’s for another day.

So far, most scientific papers on this topic have been descriptive. Now Miranda Mowbray, and Dieter Gollmann of the Enterprise Systems and Storage Laboratory at
HP Bristol expand the debate with this paper on the mathematical properties of the Venetian method in avoiding usurpation of power while still finding the best leadership. The authors have their mind on applications in distributed computing security, but for us here, the advantages for a more mundane topic such as democracy may be good enough to give it some thought.

Enjoy.

As an aside, the statutes of G!LT in Austria therefore employ the Venetian model for all executive leadership elections. My rationale is that the party system with its unholy alliance with mass media rewards showmanship and superficiality, as evidenced by the high proportion of TV Actors and Reality Show Stars in top jobs. Instead G!LT’s protocol ensures a reasonably self-experienced, direct, personal knowledge of a candidate’s ability and suitability for an executive position. For those who read German, here to the Statutes of G!LT. For those who don’t there is Google Translate.